Quan

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

LIN QUAN,  No. 03-70630 Petitioner, v.  Agency No.

A75-684-401

ALBERTO F. GONZALES,

OPINION

Respondent.  On Petition for Review of an Order of the Board of Immigration Appeals

Submitted May 6, 2005* Pasadena, California

Filed November 7, 2005

Before: Diarmuid F. O’Scannlain and Kim McLane Wardlaw, Circuit Judges, and Robert H. Whaley,** United States District Judge.

Opinion by Judge Whaley; Dissent by Judge O’Scannlain

*This panel unanimously finds this case suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). **The Honorable Robert H. Whaley, United States District Judge for the Eastern District of Washington, sitting by designation.

15169 QUAN v. GONZALES 15173

COUNSEL

Douglas G. Ingraham, Alhambra, California, for the peti- tioner.

Peter D. Keisler, Assistant Attorney General; John C. Cun- ningham, Senior Litigation Counsel; Norah Ascoli Schwarz, Senior Litigation Counsel; Office of Immigration Litigation, Civil Division, Department of Justice, Washington, D.C., for the…